ADOPTION/RESIDENCE: Re H (Leave to Apply for Residence Order)

11 APR 2008

(Court of Appeal; Buxton, Wall and Wilson LJJ; 3 April 2008)

In refusing the legal parents of the child's older half-sibling leave to apply for a residence order, the judge had given insufficient weight to the principle that half-siblings should be brought up together wherever possible. He had also given insufficient weight to the fact that the legal parents of the half-sibling had been assessed as being capable of caring for the child. The couple were entitled to have their case for residence heard.

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